, ADL2601 Assignment 1 (COMPLETE ANSWERS)
Semester 2 2026 - DUE 25 August 2026; 100% Correct
solutions and explanations.
Administrative Action in Terms of Section 1 of the Promotion of
Administrative Justice Act 3 of 2000 (PAJA)
The Promotion of Administrative Justice Act 3 of 2000 (PAJA) was
enacted to give effect to section 33 of the Constitution of the Republic of
South Africa, 1996. Section 33 guarantees everyone the right to
administrative action that is lawful, reasonable and procedurally fair, as
well as the right to receive written reasons where their rights have been
adversely affected by administrative action. PAJA therefore serves as
the primary legislation regulating the exercise of public administrative
power and provides individuals with the right to challenge unlawful
decisions by public authorities.
Before a court can determine whether administrative action was lawful,
reasonable or procedurally fair, it must first establish whether the
impugned conduct falls within the definition of "administrative action"
contained in section 1 of PAJA. If the conduct does not meet this
definition, PAJA does not apply, and the affected person may instead
have to rely directly on constitutional principles. Consequently, the first
issue that must be considered in Mr X's case is whether the Provincial
Department of Transport's decision to revoke his Abnormal Loads
Permit constitutes administrative action as defined by PAJA.
Section 1 of PAJA defines administrative action as any decision, or
failure to take a decision, by an organ of state or by a natural or juristic
person exercising a public power or performing a public function in
terms of legislation, which adversely affects rights and has a direct,
external legal effect, excluding certain executive, legislative and judicial
functions. Each of these requirements must be examined individually
before applying them to the facts.
A Decision or Failure to Take a Decision
Semester 2 2026 - DUE 25 August 2026; 100% Correct
solutions and explanations.
Administrative Action in Terms of Section 1 of the Promotion of
Administrative Justice Act 3 of 2000 (PAJA)
The Promotion of Administrative Justice Act 3 of 2000 (PAJA) was
enacted to give effect to section 33 of the Constitution of the Republic of
South Africa, 1996. Section 33 guarantees everyone the right to
administrative action that is lawful, reasonable and procedurally fair, as
well as the right to receive written reasons where their rights have been
adversely affected by administrative action. PAJA therefore serves as
the primary legislation regulating the exercise of public administrative
power and provides individuals with the right to challenge unlawful
decisions by public authorities.
Before a court can determine whether administrative action was lawful,
reasonable or procedurally fair, it must first establish whether the
impugned conduct falls within the definition of "administrative action"
contained in section 1 of PAJA. If the conduct does not meet this
definition, PAJA does not apply, and the affected person may instead
have to rely directly on constitutional principles. Consequently, the first
issue that must be considered in Mr X's case is whether the Provincial
Department of Transport's decision to revoke his Abnormal Loads
Permit constitutes administrative action as defined by PAJA.
Section 1 of PAJA defines administrative action as any decision, or
failure to take a decision, by an organ of state or by a natural or juristic
person exercising a public power or performing a public function in
terms of legislation, which adversely affects rights and has a direct,
external legal effect, excluding certain executive, legislative and judicial
functions. Each of these requirements must be examined individually
before applying them to the facts.
A Decision or Failure to Take a Decision
